CHAGANBAI M. PATEL Vs. VASIM KHAN

JUDGEMENT

(1.) The appeal is preferred by petitioner against the judgment and award passed by the learned Member, MACT, Bengaluru (SCCH 11) dated 30.10.2014 passed in MVC No.4518/2013 seeking enhancement of compensation by virtue of the disability suffered by him because of the injuries sustained in the accident dated 4.7.2013 when he was riding his scooter cautiously at Nayandahalli, Bengaluru a car rushed in a rash and negligent manner and caused accident due to which petitioner suffered injuries on various parts of the body. A case came to be registered for the offence punishable under Sections 279 and 337 of IPC by the jurisdictional police for negligent act and causing hurt.

(2.) Heard.

(3.) The pleadings before the Tribunal is that the petitioner was earning Rs.12,000/- p.m. from labour work and was hale and healthy prior to the accident. The respondent denies the claim for compensation. The Tribunal considering the points on accident, negligence, injury, disability and entitlement for compensation disposed the matter on 30.10.2014 granting compensation of Rs.2,56,000/-. However, the petitioner was also held liable for negligence to the extent of 50% as Tribunal found that three persons were on the motorcycle.